AGENDA #11

 

MEMORANDUM

 

TO:

Mayor and Town Council

 

 

FROM:

Roger L. Stancil, Town Manager

 

 

SUBJECT:

Status Report on Carolina North Activities

 

 

DATE:

February 12, 2007

 

 

PURPOSE

 

On January 31, the Council requested information about preparation of a Request for Qualifications for a consultant to assist with the negotiated process required to establish development regulations for Carolina North. 

 

Adoption of the attached resolution would direct the Manager to prepare and issue a Request for Qualifications for a consultant to assist with a process for establishing development regulations for the University’s Horace Williams property, including but not limited to zoning requirements, building standards and development agreement(s).  The Horace Williams Citizens’ Committee Report, the Town’s Land Use Management Ordinance and the principles of the Leadership Advisory Council Report will inform this process.

 

BACKGROUND

 

The University and the Town have been involved in a number of studies, committees and workshops involving the planning and development of the future Carolina North campus.  The work of the Leadership Advisory Council (LAC) has recently ended and the set of principles resulting from their work is available.

 

We understand the University is moving toward presentation of a plan for Carolina North to the Board of Trustees in October 2007.

 

DISCUSSION

 

With the foundational studies and the guiding principles from the Leadership Advisory Council complete, we agree that the next step in the overall development process will be the creation of development regulations for the Horace Williams property.  We believe that the establishment of any new development regulations, including possible building standards, for the Horace Williams property needs to be a process negotiated jointly between the University and the Town because State statutes limit the Town’s regulatory authority over University development. 

 

Local government zoning regulations apply to the use and placement of University buildings but do not apply to the use of land or parking areas. The University is not subject to overlay zoning districts, such as the Town's Resource Conservation District, unless the State consents, except for historic districts. Local building standards do not apply to State buildings. Building standards for University buildings are regulated by the State Department of Insurance. The Town does not issue building permits for University buildings or monitor and inspect their construction.

 

Recent changes to North Carolina Planning Law, enacted in 2005, provide another possible way to approach the issue of development of the Carolina North property.   Those changes authorize Development Agreements between municipalities and developers under which regulations are established and set in place for extended periods of time.  Developers are defined to include governmental agencies.  We believe the provisions of this new law may afford the Town and University a new method of approaching the terms for any new regulatory plan to be made applicable to the Carolina North property. 

 

Respondents to an RFQ will be required to outline a process for establishing development regulations, considering zoning requirements, building standards and development agreements.  The process should be based on information and guidance already developed, including, but not limited to, the Horace Williams Citizens Committee Report, the Town’s Land Use Management Ordinance and the principles of the Leadership Advisory Council Report.  Respondents will also be asked to identify opportunities for additional community involvement and to coordinate and facilitate the Town and University efforts in establishing development regulations.

 

The Council also asked for an estimate of time and cost for developing a new district.  The answer is dependent on guidance from the Council on the process for community involvement and the extent of the negotiated guidelines for development.  Council can make those decisions based on information provided in the RFQ responses.  We have revised our estimate and now estimate a cost of $100,000 and six to nine months, depending on your ultimate guidance.  We have revised our estimate based on a broader understanding of the role of the consultant.

 

RECOMMENDATION

 

We recommend that Council adopt the attached resolution directing the Manager to draft and issue a Request for Qualifications for a consultant to assist with the negotiated process to establish development regulations, considering zoning requirements, building standards and development agreements for the University’s Horace Williams property.